William Matthew Toward v. James Gomez, Director, California Department of Corrections

985 F.2d 574 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William Matthew TOWARD, Petitioner-Appellant, v. James GOMEZ, Director, California Department of Corrections, et al., Respondent-Appellee. No. 91-55996. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 1, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 William Matthew Toward, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 and review the denial de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm. 3 Toward's first contention is that the district court erred in denying his claim as successive that the prosecutor breached his plea agreement. A claim raised on a second or subsequent habeas petition is successive if it "fails to allege new or different grounds for relief and the prior determination was…